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Paris
- Geneva - Bangkok, May 16, 2024 –
On
May 14, 2024, Netiporn “Bung” Sanesangkhom, 28, a member of the
pro-democracy group Thalu Wang, died while in pre-trial detention on
charges of violating Article 112 of Thailand’s Criminal Code
(lèse-majesté). The Observatory for the Protection of Human Rights
Defenders (FIDH-OMCT), the Cross Cultural Foundation (CrCF) and Thai
Lawyers for Human Rights (TLHR) are deeply saddened by her senseless
death, which underscores the deep flaws in Thailand’s judicial and
penitentiary systems.
Netiporn
“Bung” Sanesangkhom
was reported to have suffered a cardiac arrest while in custody of
the Department of Corrections on the morning of May 14, 2024. She
became unconscious at the Department of Corrections Hospital in
Bangkok before being transferred to Thammasat University Hospital in
Pathumthani Province, where she was later pronounced dead at 11:22am.
Since
January
26, 2024, Ms.
Netiporn had been detained at the Central Women’s Correctional
Institution in Bangkok,
after the Bangkok South Criminal Court found her guilty of contempt
of court and sentenced her to one month in prison in
relation to a physical altercation with the Court’s security
personnel on October 19, 2023. The
incident occurred while she and other Thalu Wang members were
attending the verdict hearing in a lèse-majesté case against
another pro-democracy activist.
On
the same day, the Bangkok South Criminal Court revoked Ms. Netiporn’s
bail in a lèse-majesté case1
originating from a public opinion poll on royal motorcades conducted
by her and other Thalu Wang activists at Bangkok’s Siam Paragon
shopping mall on February 8, 2022. The Court ruled that Ms. Netiporn
violated her bail conditions by spraying paint onto the Queen’s
flag during a peaceful demonstration in front of the Ministry of
Culture in Bangkok on August 6, 2023.
On
January 27, 2024, Ms. Netiporn commenced a dry hunger strike to
demand judicial reform and the cessation of imprisonment of
individuals for expressing dissenting opinions. Due to her
deteriorating health, she was transferred to medical facilities
several times. She resumed drinking water in February 2024 and eating
in April 2024. Prior to her death, on April 4, 2024, she had been
receiving treatment at the Department of Corrections Hospital in
Bangkok for her deteriorating health as a result of the hunger
strike.
Ms.
Netiporn had
previously undertaken
a hunger strike in 2022 while held in pre-trial detention at the
Central Women’s Correctional Institution in connection with the
opinion poll case, alongside
fellow Thalu Wang activist Natthanit
“Baipor” Duangmusit.
Despite their deteriorating health, their requests for bail were
repeatedly denied until August 4, 2022. They had initiated the hunger
strike on June 2, 2022, to protest their detention.
Ms.
Netiporn was a prominent activist who advocated for LGBTIQ+ and youth
rights in 2020-2021. She then joined the pro-democracy group Thalu
Wang (“shattering the palace”), where she actively engaged in
conducting public opinion polls regarding the Thai monarchy. Her
political activism was met with repeated prosecutions since 2021,
including two cases under Article 112.
Between
November 24, 2020 and May 16, 2024, at least 272
individuals,
including
many human rights defenders and 20 minors,
were charged under Article 112 of lèse-majesté. Eighteen
of them are currently detained pending trial, and seven are serving
prison sentences, including Anon
Nampa,
a
prominent
pro-democracy activist and human rights lawyer who was found guilty
under Article 112 for the third time on April 29, 2024, and is now
serving a total prison term of 10 years and 20 days.
The
Observatory, CrCF, and TLHR express their deepest sorrow over the
death of Netiporn Sanesangkhom and urge the Thai government and
relevant authorities, namely the Department of Corrections, the
Office of the Attorney General, and the police, to conduct a thorough
and impartial investigation to determine the cause and circumstances
of her death.
Furthermore,
the organisations call for the immediate and unconditional release of
all
detained pro-democracy activists and human rights defenders,
including those held under Article 112. The organisations also urge
the Thai government to refrain from arresting, prosecutin, and
detaining human rights defenders under Article 112 for exercising
their fundamental right to freedom of opinion and expression.
Additionally,
the
organisations urge
the Thai government to amend Article 112 to bring it into line with
Thailand’s human rights obligations under the International
Covenant on Civil and Political Rights (ICCPR).
1
Article 112 of the Thai Criminal Code imposes jail terms of three to
15 years for anyone found guilty of defaming insulting, or
threatening the King, the Queen, the Heir to the throne, or the
Regent.
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